Drafting and Negotiating Commercial Leases. John H. Hawthorne Partner, Protorae Law PLLC June 1, 2015
|
|
- Christopher Douglas
- 6 years ago
- Views:
Transcription
1 Drafting and Negotiating Commercial Leases John H. Hawthorne Partner, Protorae Law PLLC June 1, 2015
2 Drafting and Negotiating Commercial Leases Introduction to Drafting Commercial Leases Lease Provisions 2
3 Introduction to Drafting Commercial Leases Types of Leases The Drafting Process Commercial Lease Checklist 3
4 Types of Leases Retail Office Restaurant Mixed Use Additional Forms and Types 4
5 The Drafting Process The Letter of Intent (LOI) Protecting the Unknown Interests of the Client 5
6 Lease Provisions Basic Lease Provisions Insurance and Casualty Subordination Construction 6
7 Basic Lease Provisions Rate and Description Term and Renewals CAM Expenses Guarantees Abatements Real Estate Taxes 7
8 Commercial Lease Checklist Financial Terms Terms of the Premises Common Areas and Their Expenses/Charges (CAM) Assignment and Subletting Default Repairs and Physical Alterations Insurance and Indemnification Provisions Subordination and Attornment Provisions Casualty, Condemnation and Eminent Domain Signage and Parking Relocation Miscellaneous Provisions 8
9 Easements and Other Servitudes in the Commercial Context 9
10 Easements and Other Servitudes in the Commercial Context Servitudes and Rights Associated With Them Terminology: Easement v. Covenant v. License v. Lease Creation of Servitudes Altering a Servitude Abandonment and Extinguishment 10
11 Servitudes: Rights and Types Easement Covenant License Lease 11
12 Easements Privilege without profit Right to use but NOT right to possess Servient v. Dominant Express Easement Appurtenant v. In Gross 12
13 Creation of the Easement Express Easement Implied Easement Easement by Necessity Prescriptive Easement Adverse Under Claim of Right Exclusive Continuous Uninterrupted Knowledge & Acquiescence 13
14 The Covenant Agreement between one or more parties that governs how real property will be utilized Right to use but NOT a possessory interest Affirmative Obligations Negative Covenants 14
15 Creation of the Covenant Restrictive Covenants Running with the Land Equitable Easements or Equitable Servitudes Enforcement of the Covenant Privity Horizontal Privity Vertical Intent Touches and Concerns In Writing 15
16 The License Right to utilize but NO interest in the real property at all Conditional Time and Use Creation of the License Express agreement Actions of the owner Practical Examples in the Commercial Context 16
17 The Lease Right to possess AND utilize Interest in the real property conditioned upon time and use Interest that can be superior to future conveyance or liens Back to example of License v. Lease Creation of the Lease Oral v. Written 17
18 Can a Landowner Alter a Servitude? Easements Covenants Lease License 18
19 Abandonment and Extinguishment Covenants Easements Licenses Leases 19
20 Purchase and Sale Agreements 20
21 Purchase and Sale Agreements Price and Payment Terms Representations and Warranties, Conditions and Covenants Timing for a Smooth Transition Real World Remedies Risk of Loss Negotiation of Other Provisions Sample Purchase/Sale Agreement Review 21
22 Spelling out the Price and Payment Terms Price Deposit Payment Terms 22
23 Reps and Warranties / Covenants and Conditions Representations and Warranties Covenants Conditions Importance of Each Examples of Each 23
24 Getting Timing Down for a Smooth Transition Contingency Periods Study Period Financing Contingency Appraisal Contingency Negotiation of Time Periods Interests of Each Party 24
25 Real World Remedies Monetary Damages Specific Performance Tying up the Deposit Negotiating the Default Provisions 25
26 Risk of Loss Common Law Rule Negotiating the Risk Assumption of the Risk Transfer Date & Time Recordation v. Delivery of the Deed 26
27 Negotiating Other Provisions Title Time of the Essence 27
28 Sample PSA Review Attached Purchase and Sale Agreement Discussions with the Client Knowing What to Fight / Pick the Battle 28
29 Questions 29
30 John H. Hawthorne Partner
Clearing Title for Defects Due to Easements, Encroachments and Survey/Boundary Disputes
Presenting a live 90-minute webinar with interactive Q&A Clearing Title for Defects Due to Easements, Encroachments and Survey/Boundary Disputes Identifying and Resolving Common Title Defects to Ensure
More informationClearing Title for Defects Due to Easements, Encroachments and Survey/Boundary Disputes
Presenting a live 90-minute webinar with interactive Q&A Clearing Title for Defects Due to Easements, Encroachments and Survey/Boundary Disputes Identifying and Resolving Common Title Defects to Ensure
More informationCONSTRUCTION AND LEASE AGREEMENT STREET. by and between., as Landlord. and., as Tenant. Dated as of,
SAMPLE Ground Lease Institutional Landlord Negotiated Form CONSTRUCTION AND LEASE AGREEMENT STREET by and between, as Landlord and, as Tenant Dated as of, CONSTRUCTION AND LEASE AGREEMENT TABLE OF CONTENTS
More informationDeed restrictions. Lis Pendens. Easements. Encroachments
Chapter 3: Encumbrances on Real Property Encumbrances Liens Deed restrictions Lis Pendens Easements Encroachments Liens Specific Mortgage and deed of trust Real property tax Special assessment Mechanics
More informationRESTATEMENT OF THE LAW FOURTH, PROPERTY PROJECTED OVERALL TABLE OF CONTENTS VOLUME [1] THE BASICS OF PROPERTY DIVISION ONE: DEFINITIONS
RESTATEMENT OF THE LAW FOURTH, PROPERTY PROJECTED OVERALL TABLE OF CONTENTS VOLUME [1] THE BASICS OF PROPERTY Chapter 7. DIVISION ONE: DEFINITIONS Meanings of Property Property as a Relation Separation
More informationProperty, Servitudes/Easements- pp November 6, 2006 Crusto s Socratic Dialogue. 1. Please provide an Analytical Overview of the Topic.
Property, Servitudes/Easements- pp. 667-677 November 6, 2006 Crusto s Socratic Dialogue 1. Please provide an Analytical Overview of the Topic. This is the last topic we will cover for the semester: the
More informationFunctional Description. Servitude Categories. Property. Private Land Use Controls. Module 6 Servitudes
Property Module 6 Servitudes Private Land Use Controls Servitude Categories Major: Easement Covenant Minor: Real Covenant Equitable Servitude Profit License Functional Description A is given right to enter
More informationA checklist of issues to look out for in analyzing office leases
Form: Checklist for Office Leases Description: A checklist of issues to look out for in analyzing office leases CHECKLIST FOR OFFICE LEASES 1. Space (a) (b) (c) (d) What is the rentable square footage?
More informationReal Estate Law for Planners. APA National Conference New York, NY May 9, 2017
Real Estate Law for Planners APA National Conference New York, NY May 9, 2017 Your Panelists Brian Connolly Otten Johnson Robinson Neff + Ragonetti, P.C. Denver, Colorado Evan Seeman Robinson & Cole LLP
More informationProperty, Equitable Servitudes, Creation and Enforceability- pp , 772 November 20, 2006 Crusto s Socratic Dialogue
Property, Equitable Servitudes, Creation and Enforceability- pp. 746-768, 772 November 20, 2006 Crusto s Socratic Dialogue 1. Please provide an Analytical Overview of the Topic. We continue our study of
More informationWillard v. First Church of Christ, Scientist McGuigan owns lot 19 and 20 McGuigan sells lot 19 to Peterson McGuigan sells lot 20 to Peterson with
Willard v. First Church of Christ, Scientist McGuigan owns lot 19 and 20 McGuigan sells lot 19 to Peterson McGuigan sells lot 20 to Peterson with following: subject to an easement for automobile parking
More informationLEASE FOR SUPERMARKET PREMISES LOCATED IN BETWEEN AS LANDLORD AND SHAW'S SUPERMARKETS, INC. AS TENANT DATED:,
Construction by Tenant (with Delivery of Pad by Landlord); Multi- Tenant; Percentage Rent LEASE FOR SUPERMARKET PREMISES LOCATED IN BETWEEN AS LANDLORD AND SHAW'S SUPERMARKETS, INC. AS TENANT DATED:, INDEX
More informationWelcome to the Easement Webinar Call-In Number for audio: Conference Code:
Welcome to the Easement Webinar Call-In Number for audio: 1.866.422.4457 Conference Code: 2113365039 Easement Issues Ellen Kreifels BLANKENAU WILMOTH JARECKE LLP ellen@nebenergylaw.com christina@aqualawyers.com
More informationWillard v. First Church of Christ, Scientist McGuigan owns lot 19 and 20 McGuigan sells lot 19 to Peterson McGuigan sells lot 20 to Peterson with
Willard v. First Church of Christ, Scientist McGuigan owns lot 19 and 20 McGuigan sells lot 19 to Peterson McGuigan sells lot 20 to Peterson with following: subject to an easement for automobile parking
More informationInsuring Easements Prepared By: Stewart J. Skip Sacks, Virginia State Counsel Stewart Title Guaranty Company
Insuring Easements Prepared By: Stewart J. Skip Sacks, Virginia State Counsel Stewart Title Guaranty Company I. Overview of Easements (10 min) A. Definition An Easement is an interest in land owned by
More informationSales Associate Course. Titles, Deeds and Ownership Restrictions
Sales Associate Course Chapter Nine Titles, Deeds and Ownership Restrictions Copyright Gold Coast Schools 1 Title to Real Property Title - ownership enforceable by law Equitable title right to gain ownership
More informationPurchase and Sale Agreements
Purchase and Sale Agreements and Leases: A Framework for Review and Analysis Presented by: Christopher J. Vaughn Carruthers & Roth, P.A 235 North Edgeworth Street Greensboro, NC 27401 CJV@CRLAW.com 336
More informationFUNDAMENTALS OF REAL ESTATE LAW
THE BASICS OF PROPERTY LAW COVENANTS & SERVITUDES GOVERNMENT INTERESTS IN LAND WEDNESDAY, MARCH 7 FUNDAMENTALS OF REAL ESTATE LAW This full-day workshop designed for young professionals introduces how
More informationGas Gathering Agreements: The Treatment of GGAs as Executory Contracts in Bankruptcy
Gas Gathering Agreements: The Treatment of GGAs as Executory Contracts in Bankruptcy Ellen Conley April 4, 2016 Midstream Agreements in Bankruptcy In re Sabine Oil & Gas Corporation In re Quicksilver Resources
More information1.0 Law & Legal CLE Credit A/V Approval # Recording Date November 1, 2017 Recording Availability June 12, 2018
1.0 Law & Legal CLE Credit A/V Approval #1072343 Recording Date November 1, 2017 Recording Availability June 12, 2018 Meeting Location Date Time Topic King County Bar Association 1200 Fifth Avenue - Suite
More informationReal Property Outline
This outline was created for the February 2008 California bar exam. The law changes over time, so use with caution. If you would like an editable version of this outline, go to http://www.barexammind.com/california-bar-exam-outlines/
More information6 Model Leasehold Mortgagee Protections (Maximum) TABLE OF CONTENTS I. DEFINITIONS LOSSES AND LOSS PROCEEDS A. Prompt Notice B. Casualty C.
6 Model Leasehold Mortgagee Protections (Maximum) TABLE OF CONTENTS I. DEFINITIONS II. LOSSES AND LOSS PROCEEDS A. Prompt Notice B. Casualty C. Substantial Condemnation D. Insubstantial Condemnation E.
More information11. What is the difference between easement by necessity and easement by prescription?
In class work with answers for chapter 7-14 1. What does it mean for the government to have governmental powers? Government powers supersede individual rights to real estate for the protection of the general
More informationChapter 2 6/1/2010. Are These Houses Really Alike? Real Property: a Bundle of Rights. What Are Rights?
Are These Houses Really Alike? Chapter 2 Legal Foundations to Value City vs. County? Implied easements? Prescriptive easements? Easements in gross? Homestead rights? Restrictive covenants? McGraw-Hill/Irwin
More informationMORTGAGE. THIS INSTRUMENT ( Mortgage )
MORTGAGE THIS INSTRUMENT ( Mortgage ) WITNESSES That and, whose address is (individually, collectively, jointly, and severally, Mortgagor ), in consideration of One Dollar ($1) and other good and valuable
More informationProperty A. PRESENT POSSESSORY PROPERTY INTERESTS The most extensive estate permitted by law.
Property I. ESTATES A. PRESENT POSSESSORY PROPERTY INTERESTS 1. Fee Simple Absolute a. Definition The most extensive estate permitted by law. b. The term "fee" connotes that the estate has been inherited.
More informationCHAPTER 14 REAL PROPERTY PRACTICE
CHAPTER 14 REAL PROPERTY PRACTICE PART I. BASIC REAL ESTATE ACQUISITION DOCUMENTS AND SPECIAL CONSIDERATIONS FOR SHORT SALES AND DISTRESSED PROPERTIES. A. The Listing Agreement. 1. (14.1.1) General Purpose.
More informationTRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT
After Recording Return to: Snohomish County Planning and Development Services TDR Program Manager 3000 Rockefeller Ave. M/S #604 Everett, WA 98201 Tax Parcel Numbers: TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION
More informationAuthority of Commissioners Court
-County Roads- A primer for newly elected officials By Robert T. Bob Bass Allison, Bass & Magee, LLP Austin, Texas 78701 1/6/15 1 Authority of Commissioners Court Make and enforce all reasonable and necessary
More informationTRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT
After Recording Return to: Kitsap County Department of Community Development TDR Program Manager 614 Division St., MS-36 Port Orchard, Washington 98366 TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT
More informationALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM DIVISION 335-5
ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM DIVISION 335-5 1400 Coliseum Blvd. Montgomery, Alabama 36110 CITE AS ADEM Admin. Code r. 335-5-x-.xx
More informationChapter 52 Transfer and Control of Real Property
Chapter 52 Transfer and Control of Real Property A. Contract of Sale Marketable Title Title free from 1. encumbrances (such as mortgages, easements, liens, leases, and restrictive covenants) 2. defects
More information5 Encumbrances and Liens
5 Encumbrances and Liens Encumbrances Easements Encroachments Licenses Deed Restrictions Liens Foreclosure ENCUMBRANCES An encumbrance is an interest in and right to real property that limits the legal
More informationCOMMERICAL PURCHASE AGREEMENT
COMMERICAL PURCHASE AGREEMENT Each commercial transaction is different. This form may not address your specific purpose. This is a legally binding document. If not understood, seek competent advice before
More informationLesson 5: Encumbrances. Encumbrances. Real Estate Principles of Georgia. Encumbrances. Financial vs. Non-financial
Real Estate Principles of Georgia Lesson 5: Encumbrances 1 of 64 105 Encumbrances Encumbrance: A nonpossessory interest in real property held by someone other than the owner. Does not give ownership or
More informationDECLARATION OF LAND USE RESTRICTIVE COVENANTS FOR LOW-INCOME HOUSING TAX CREDITS 2019 ALLOCATION YEAR
DECLARATION OF LAND USE RESTRICTIVE COVENANTS FOR LOW-INCOME HOUSING TAX CREDITS 2019 ALLOCATION YEAR THIS DECLARATION OF LAND USE RESTRICTIVE COVENANTS ( AGREEMENT or LURA ) dated as of, by, a, and its
More informationDemystifying the Commercial Lease Agreement Scott M. Brasil
Demystifying the Commercial Lease Agreement Scott M. Brasil MAY 19, 2017 TOPICS 1. The Commercial Lease Agreement 2. Common Clauses 3. Other Important Lease Provisions 4. Questions 1 The Commercial Lease
More informationCONSERVATION AND PRESERVATION EASEMENTS ACT Act of Jun. 22, 2001, P.L. 390, No. 29 AN ACT Providing for the creation, conveyance, acceptance,
CONSERVATION AND PRESERVATION EASEMENTS ACT Act of Jun. 22, 2001, P.L. 390, No. 29 AN ACT Cl. 68 Providing for the creation, conveyance, acceptance, duration and validity of conservation and preservation
More informationReal Estate Purchase and Sale Agreement
(NON-RESIDENTIAL) THIS CONTRACT CONTROLS THE TERMS OF THE SALE OF REAL PROPERTY, THIS IS A LEGALLY BINDING CONTRACT DATED this day of, 20. I. PARTIES: A. Seller: Spokane County, a political subdivision
More informationI Am Not Your Attorney.
By Jeffery N. Lucas Professional Land Surveyor Attorney at Law 2002 2016 All Rights Reserved Lucas & Company, LLC DISCLAIMER I Am Not Your Attorney. This seminar is not intended to provide you with legal
More informationLEGAL CONSIDERATIONS IN APPRAISAL (from:
Chapter 1: PROPERTY AND LEGAL DESCRIPTIONS The first thing an appraiser must determine is what property rights are being appraised. At the beginning of any discussion about property, it is important to
More informationPURCHASE AND SALE AGREEMENT
PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (this Agreement ) made and entered into as of the day of, 2017 (the Effective Date ), by and between the Greenville County Library System (the
More information~ Indiana ~ Easements and Rights of Way ~ ~ ~ IRWA Chapter 10 Annual Law Day. Indianapolis, Indiana. October 18, Presented by Gary R.
~ Indiana ~ Easements and Rights of Way ~ ~ ~ IRWA Chapter 10 Annual Law Day Indianapolis, Indiana October 18, 2017 Presented by Gary R. Kent, PS EASEMENT A limited, nonpossessory interest in the land
More informationVIRGINIA ASSOCIATION OF REALTORS Commercial Purchase Agreement
VIRGINIA ASSOCIATION OF REALTORS Commercial Purchase Agreement Each commercial transaction is different. This form may not address your specific purpose. This is a legally binding document. If not understood,
More informationTHIS COMMUNITY LAND TRUST GROUND LEASE RIDER (the Rider ) is made this day of,, and amends and supplements a certain ground lease (the CLT Ground
Form 490 Community Land Trust Ground Lease Rider THIS COMMUNITY LAND TRUST GROUND LEASE RIDER (the Rider ) is made this day of,, and amends and supplements a certain ground lease (the CLT Ground Lease
More informationReal Estate Principles
Real Estate Principles Chapter 1: An Introduction to Real Estate The Real Estate Industry Real Estate Transactions Real Estate Brokerage Real Estate as a Career Real Estate and the Law Chapter 2: The Nature
More informationSubordination, Non-Disturbance and Attornment Agreements in Commercial Leasing and Real Estate Finance
Presenting a live 90-minute webinar with interactive Q&A Subordination, Non-Disturbance and Attornment Agreements in Commercial Leasing and Real Estate Finance Drafting and Negotiating SNDA Agreements
More informationWelcome. Primer program Please review the additional materials It has a LOT of additional detail, samples and links to other materials
Welcome Primer program Please review the additional materials It has a LOT of additional detail, samples and links to other materials There are many kinds of leases Single and multi-tenant office Single
More informationREAL ESTATE PURCHASE AND SALE CONTRACT
REAL ESTATE PURCHASE AND SALE CONTRACT THIS REAL ESTATE PURCHASE AND SALE CONTRACT, is made and entered into as of the day of 2010, by and between (Seller) HPJ Properties, LLC and ("Buyer") WHEREAS, Seller
More informationHeritage Rock Executive Suite
Heritage Rock Executive Suite Office Lease Terms Date: To be effective, 20 Landlord: Heritage Rock, Ltd. Landlord's Address: 2310 West Interstate 20, Suite 100, Arlington, Texas 76017-1668 Tenant: Tenant's
More informationA Deep Dive into Easements
A Deep Dive into Easements Diane B. Davies, John A. Lovett, James C. Smith I. Introduction Easements are ubiquitous in the United States. They serve an invaluable function. They allow persons and property
More informationEMPLOYEE RESIDENTIAL LEASE AGREEMENT by and between THE TEXAS A&M UNIVERSITY SYSTEM and
EMPLOYEE RESIDENTIAL LEASE AGREEMENT by and between THE TEXAS A&M UNIVERSITY SYSTEM and (Not to Exceed 2 years) This Employee Residential Lease Agreement ( Lease ) is entered into by and between THE BOARD
More informationHunting Lease Agreement. Sample Preview
Hunting Lease Agreement Date: Landlord: Landlord's Address: Tenant: Tenant's Address: Premises: SURFACE ONLY of approximately [number] acres of land, situated in [county] County, (State), as described
More informationA Property Owner s Survival Guide to Eminent Domain. 10 Things You Must Know When the Government Wants Your Property
A Property Owner s Survival Guide to Eminent Domain 10 Things You Must Know When the Government Wants Your Property nossaman.com/eminentdomain What is Eminent Domain and What are My Rights if the Government
More informationSubstantive requirements of the easement What are the bundle must the grantor intended to invest in the grantee for the easement to be created?
Two types of easements Positive easements o Concept: A positive easement allows the owner of the dominant land the right to do something on the servient land Examples: the right to enter into the land
More informationDearborn Modern Real Estate Practice in Illinois (8 th edition) Examination Outline National Portion
Dearborn Modern Real Estate Practice in Illinois (8 th edition) Examination Outline National Portion Testing Outline Chapter 1. Agency Relationships and Contracts, 28 questions A. Agency Relationships
More informationStuck In the Middle:
Stuck In the Middle: The Upside and Downside of Being a Sublandlord David J. Weiner Liskow & Lewis 1001 Fannin, Suite 1800 Houston, Texas 77002 HBA Real Estate Section January 20, 2016 Introduction Sublease
More informationLEASE AGREEMENT. Between NEW ALBANY-FLOYD COUNTY SCHOOL BUILDING CORPORATION LESSOR. and
LEASE AGREEMENT Between NEW ALBANY-FLOYD COUNTY SCHOOL BUILDING CORPORATION LESSOR and NEW ALBANY-FLOYD COUNTY CONSOLIDATED SCHOOL CORPORATION LESSEE Executed this day of December, 2016 TWPeterson Law
More informationAn easement is an incorporeal hereditament, an interest which does not give the owner right to physical possession.
Easement An easement is a right which the owner of land (known as dominant tenement) has over another land (servient tenement) to compel the owner of servient tenement to allow something to be done on
More informationPhysical Encumbrances
Physical Encumbrances Types of physical encumbrances include (1) deed restrictions, (2) easements, and (3) encroachments. D eed restrictions A major package of private deed restriction are covenants, conditions
More informationThis Lease is entered into by and between hereinafter referred to as "Landlord" with an address of
TM OwnerMarketing.com Residential Lease This Lease is entered into by and between hereinafter referred to as "Landlord" with an address of and hereinafter referred to as "Tenant" with an address of. In
More informationThe Origins of American Real Property Law
Preface to the Fourth Edition..................................... ix Preface to the Third Edition..................................... xiii Preface to the Second Edition...................................xvii
More informationCommunity Land Trust Ground Lease Rider
Community Land Trust Ground Lease Rider [For use with CLT ground leases substantially based on either the Institute for Community Economics or the National Community Land Trust Network model ground lease
More informationPreparing for the Sale or Purchase
Table of Contents About the Author...ix Table of Chapters...xi Acknowledgments for the First Edition... xxv Preface to the Third Edition...xxvii Introduction...xxix Ethics and Professional Responsibility...xxxiii
More informationISSUES RELATING TO COMMERCIAL LEASING. U.S.A., ALABAMA Maynard, Cooper & Gale, P.C.
ISSUES RELATING TO COMMERCIAL LEASING U.S.A., ALABAMA Maynard, Cooper & Gale, P.C. CONTACT INFORMATION Robert R. Sexton Maynard, Cooper & Gale, P.C. 1901 Sixth Avenue North 2400 Regions/Harbert Plaza Birmingham,
More informationeasements negative negative covenants affirmative
1 I. INTRODUCTION TO NON-POSSESSORY INTERESTS IN LAND (REVIEWED) 1. Introduction to non-possessory interests corporeal vs. incorporeal hereditaments iura in re sua vs. iura in re aliena ( rights in his
More informationREAL PROPERTY FORMS Revised 2007 INDEX
REAL PROPERTY FORMS Revised 2007 INDEX TITLE I. CONTRACTS FORM NUMBER (All Form Numbers are preceded by R- for Real Property) R- Additional Provisions to Contract for Sale and Purchase 1.1 (Designed to
More information1. The transfer of the Property to CVI and development of the Property in accordance with the attached Agreement is approved.
BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON RESOLUTION NO. 2010-127 Approving the Transfer of Tax-Foreclosed Property to Community Vision, Inc., a Non-profit Corporation, for
More informationDEED OF TRUST (Keep Your Home California Program) NOTICE TO HOMEOWNER THIS DEED OF TRUST CONTAINS PROVISIONS RESTRICTING ASSUMPTIONS
. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CalHFA Mortgage Assistance Corporation Keep Your Home California Program P.O. Box 5678 Riverside, CA 92517 No. DEED OF TRUST (Keep Your Home California
More informationREAL ESTATE CONTRACT
REAL ESTATE CONTRACT State of Texas County of Williamson THIS REAL ESTATE CONTRACT ("Contract") is made by and between STEPHEN F. BOHLS and WILLIAM B. BOHLS (referred to in this Contract as "Seller", whether
More informationDeclaration of Lien Interest - Instructions
Declaration of Lien Interest - Instructions The Declaration of Lien Interest enforces the repayment of the outstanding assistance in the event of a refinance of the first mortgage, sale of the home, or
More informationSOLAR LAND PURCHASE AGREEMENT
SOLAR LAND PURCHASE AGREEMENT THIS SOLAR LAND PURCHASE AGREEMENT (the Agreement ) is made and entered into as of this day of, 2013, by and between ( Seller ) and Geronimo Solar Energy, LLC, a Minnesota
More informationSample Real Estate Agreement
Sample Real Estate Agreement This real estate lease agreement ( Lease ) is made this day of, 201, between (referred to as Ministry in this agreement), and (referred to as Tenant in this agreement). Ministry
More informationPrinciples of Property Law: Exam Notes Trimester 2, 2016
Principles of Property Law: Exam Notes Trimester 2, 2016 Concepts of Property 4 Property rights v Contractual rights 4 Recognition of New Property Types 5 Classification of Property 6 Doctrine of Fixtures
More informationLaw of Land Tenure in Papua New Guinea
Melanesia Law Series Law of Land Tenure in Papua New Guinea Professor Rudolph W. James Port Moresby Melanesia Law Publishers 2011 Foreword Preface Acknowledgement Table of Cases Table of Statues Glossary
More informationCovenants and Privity. Privity between original parties in context of a transfer of estate in land (known as horizontal privity ) (e.g.
Covenants and Privity A sells to D A Promisee; benefit to Whiteacre Privity between original parties in context of a transfer of estate in land (known as horizontal privity ) (e.g., B sells to A) B Promisor;
More informationLEASE AGREEMENT Premises Rent
LEASE AGREEMENT THIS LEASE is made this day of, 201_, by and between, (hereinafter Landlord ), a notfor-profit corporation (hereinafter, X and, (hereinafter Tenant ). 1. Premises. Landlord leases to Tenant,
More informationAGREEMENT. ("Buyers"), and Mr. Investor., whose address is
AGREEMENT Mr. and Mrs. Homeowner, whose address is ("Buyers"), and Mr. Investor, whose address is ("Investor"), enter into this Agreement (the "Contract") on, 2001, subject to the following terms and conditions:
More informationNORTH CAROLINA DEED OF TRUST NORTH CAROLINA HOUSING FINANCE AGENCY $15,000 DPA Program Only
NORTH CAROLINA DEED OF TRUST NORTH CAROLINA HOUSING FINANCE AGENCY $15,000 DPA Program Only After recording, return the executed document back to the Originating Lender (not NCHFA) within 24 hours of closing.
More informationREAL ESTATE PURCHASE AND SALE AGREEMENT
REAL ESTATE PURCHASE AND SALE AGREEMENT (Read carefully before signing.) Received from: (Buyer) the sum of Dollars ($ ) in the form of a check which will be deposited with Gary Libey Trust, Colfax, WA,
More informationAttachment 22 Railroad Agreements
Attachment 22 Railroad Agreements Contract No. 18FH012 Attachment 22 Railroad Agreements Capitalized terms used but not otherwise defined herein shall have the meaning given to them in the Railroad Agreement
More information8/31/2017. Legal Foundations to Value. Claims that the government is obligated to enforce. Non-revocable. Enduring
Legal Foundations to Value What do we mean by rights What are property rights What is real property What is personal property What do we do when the difference is unclear Claims that the government is
More informationRESIDENTIAL LEASE. hereinafter designated as the TENANT(S), the following described premises located in the County of State of Michigan.
RESIDENTIAL LEASE NOTICE: Michigan Law establishes rights and obligations for parties to rental agreements. This Agreement is required to comply with the Truth in Renting Act. If you have a question about
More information(the Buyer ), offers for the Property the following amount in United States funds
IRREVOCABLE OFFER TO PURCHASE FOR REAL ESTATE ASSETS (the Contract ) Agents of the Seller: Durnil Realtors-Auctioneers, Inc. d/b/a Tranzon Asset Advisors (the Agent ) In cooperation with Chuck Sutton Auctioneer
More informationLEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2013
Note to Candidates and Tutors: LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2013 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationSubject-To Addendum to One to Four Family Residential Contract (Resale)
Buyer: Seller: Property: Subject-To Addendum to One to Four Family Residential Contract (Resale) This Addendum is included and incorporated in the above referenced Contract as if recited verbatim therein.
More informationCERTIFICATION OF TITLE/FIRST REGISTRATION CHECKLIST
CERTIFICATION OF TITLE/FIRST REGISTRATION CHECKLIST This Checklist is to be used in conjunction with the Client Guide Certification of Title under the Certification of Titles Act and First Registration
More informationTHIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. AUCTION CONTRACT TO BUY AND SELL REAL ESTATE This Auction Contract to Buy and Sell
More informationTexas Wholesale Homes
Texas Wholesale Homes Instructions for Submitting an Offer To submit an offer, please submit the attached contract and addendum. You must also deposit $2,500 earnest money with our title company in order
More informationFULL OUTLINE. Bar Exam Doctor BAREXAMDOCTOR.COM. PROPERTY
FULL OUTLINE www.barexamdoctor.com PROPERTY I. THE PRESENT ESTATES a. The fee simple absolute i. How to create 1. To A or To A and his heirs ii. Distinguishing characteristics 1. This is absolute ownership
More informationCHAPTER House Bill No. 733
CHAPTER 2004-410 House Bill No. 733 An act relating to the Loxahatchee Groves Water Control District, Palm Beach County; amending chapter 99-425, Laws of Florida; amending the district s election procedures;
More informationOhio Commercial Lease Agreement
Ohio Commercial Lease Agreement This Lease Agreement is entered into as of, 20, by and between, ("Landlord") and, ("Tenant"). Upon the terms and subject to the conditions hereinafter set forth, Landlord
More informationModern Real Estate Practice in North Carolina Ninth Edition. Unit 3 Quiz
Unit 3 Quiz 1. A homeowner objected when a local utility company dug up his garden to install a natural gas line. The company claimed it had a valid easement supported by the county records. The homeowner
More informationREAL PROPERTY INTERESTS
REAL PROPERTY INTERESTS Real and Personal Property In most instances the surveyor's concern of differences between real and personal property is of minimal interest, but to his client these differences
More informationLIST OF CHAPTERS. Chapter 2 MECHANICS OF A QUIET TITLE ACTION QUIET TITLE ACTIONS AGAINST THE FEDERAL GOVERNMENT
LIST OF CHAPTERS Chapter 1 QUIET TITLE SETTING THE STAGE.................... 1 Chapter 2 MECHANICS OF A QUIET TITLE ACTION................ 43 Chapter 3 PARTIES AND SERVICE.................................
More informationSITE LEASE. between. CITY OF WESTWOOD, KANSAS, as Site Lessor. and. SECURITY BANK OF KANSAS CITY, as Site Lessee
Gilmore & Bell, P.C. Draft #2 March 7, 2014 SITE LEASE between CITY OF WESTWOOD, KANSAS, as Site Lessor and SECURITY BANK OF KANSAS CITY, as Site Lessee After Recording, return to: Nancy Midden Gilmore
More informationA lease may be written or verbal.
Leases 1 A lease may be written or verbal. 2 The property owner is called the landlord (lessor). 3 The landlord retains a leased fee estate. 4 The landlord also has a reversionary estate. 5 The tenant
More informationSALES CONTRACT Page 1 of
SALES CONTRACT Page 1 of Listing office Phone Fax Listing agent Phone Fax Email Selling office Phone Fax Selling agent Phone Fax Email 1. Seller and Buyer acknowledge receipt of the State of Michigan Disclosure
More informationEasements, Covenants and Profits à Prendre Executive Summary
Easements, Covenants and Profits à Prendre Executive Summary Consultation Paper No 186 (Summary) 28 March 2008 EASEMENTS, COVENANTS AND PROFITS À PRENDRE: A CONSULTATION PAPER EXECUTIVE SUMMARY 1.1 This
More informationLEASE AGREEMENT FOR RENTING OUT RESIDENTIAL FLAT / PROPERTY IN INDIA (1)
LEASE AGREEMENT FOR RENTING OUT RESIDENTIAL FLAT / PROPERTY IN INDIA (1) LEASE AGREEMENT This lease made on this day of in the year at Between, S/o, Permanent Address at AND, W/o, Permanent Address at,
More information